Morganson on behalf of the Warrungnu People #2 v State of Queensland  FCA 957
|Date: ||23 September 2013|
|Sub Category:||Consent Determination (Native Title Act)|
|The determination area covers various lands and waters in the Herbert/Burdekin region in the State of Queensland. The total area is approximately 2,644 square kilometres.|
|Legal Status: ||Registered on the National Native Title Register of native title determinations. |
|Legal Reference: ||Federal Court No: QUD111/2004; National Native Title Tribunal No: QCD2013/004.|
|Alternative Names:||Warrungnu [Warrungu] People #2
|Subject Matter:||Access | Native Title|
|Summary Information: |
Reginald Joseph Morganson, Walter Blohm and Danny Hooligan on behalf of the Warrungnu People #2 (APPLICANTS) and
State of Queensland, Tablelands Regional Council, Ergon Energy Corporation Limited, Colin Ray Barden, Janet Leigh Barden, Gregory Colin Brown, Judith Margaret Brown, Rebecca Burge, Richard Burge, Glen Patrick Cameron, Laurel Jean Cameron, Gradum Pty Ltd (as trustee for the Ross Blennerhassett Family Trust), Gail Maree Jonsson, Warren Ashley Jonsson, Judith Elizabeth Sheahan and Thomas Patrick Sheahan (RESPONDENTS)
Judge: Logan J
Where made: Cardwell
Determination: Native title exists in the entire determination area. It consists of both exclusive and non-exclusive native title rights. This confers on the estate group members possession, occupation, use and enjoyment of the exclusive determination area, to the exclusion of all others.
Native title is held by the Warrungnu People.
The Warrungnu People are the biological or adopted descendants of one or more of the following people: Wombino; Lena, sister of Wombino and wife of Old Billy Morganson; Alf Palmer; or Billy Simmonds.
The exclusive native title rights over part of the determination area consist of
- Other than in relation to water, the rights to possession, occupation, use and enjoyment of the native title determination area described in Part 1 Schedule 1 to the exclusion of all others.
Non-exclusive native title rights and interests that exist over the native title area in the Determination Area include:
- in relation to water, the rights to hunt, fish and gather from the water, take and use both the water itself, and the natural resources of the water;
- the right of access and to travel over the native title area;
- the right to hunt, gather and fish;
- the right to gather, use, share and exchange the natural resources of the area;
- the right to take and use the natural water of the area;
- the right to temporarily live, and to camp on the land, and to erect temporary shelters and other structures;
- the right to light fires for domestic purposes;
- the right to conduct ceremonies on the area;
- the right to maintain and protect significant cultural sites and places;
- the right to teach on the area the physical and spiritual attributes of the area.
Non-native title rights and interests that exist within the determination area can be summarised as:
- The rights and interests of the parties under the twelve existing Indigenous Land Use Agreements (ILUAs)over the native title area and that are listed in Schedule 4;
- The rights and interests of Ergon Energy Corporation Limited as the owner and operator of any "works" as defined in the Electricity Act 1994 (Qld), as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld), and rights created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld);
- The rights and interests of Telstra Corporation Limited as the owner or operator of telecommunications facilities within the Determination Area and created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth) including the rights to inspect land, install and operate telecommunications facilities and alter, remove, maintain, replace and ensure the proper functioning of its telecommunications facilities, for employees, agents or contractors to access telecommunications facilities in the native title area and under any license, access agreement or easement relating to its telecommunications facilities in the Determination Area;
- The rights and interests of the Tablelands Regional Council over the portion of the native title area that falls within its Local Government Area and which include those related to being the owner and operator of infrastructure, the right of access under Local Government Acts, and any lease, licence, access agreement, easement, reserve or other interest in the Determination Area;
- The rights and interests of the holders of any leases, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld);
- The rights and interests of members of the public arising under the common law, including but not limited to the public right to fish;
- existing public access to waterways and surrounding areas, stock routes and other areas pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title Act (Queensland) Act 1993 (Qld);
- any other rights and interests held by the State of Queensland or the Commonwealth of Australia, or that are in existence due to Queensland or Federal legislation.
Provisions Relevant to the Native Title Rights
Native title does not exist over
- minerals as defined by the Mineral Resources Act 1989 (Qld) or petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
Goondaloo Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held on trust for the native title holders..
|Detailed Information: |
The Wurrungnu People #2 Application was lodged in 2004 (QUD 111 of 2004)with the National Native Title Tribunal (NNTT).
The application is brought on behalf of the members of the Wurrungnu People.
At a sitting of the Federal Court at Cardwell, Justice Logan awarded both exclusive and non-exclusive native title rights over approximately 2,644 square kilometres of land.
The Court held that the determination area does not include land or waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established, or situated, and to which ss 23B(7) and 23C(2) and/or s 23B(7) of the Native Title Act 1993 (Cth)and s 21 of the Native Title (Queensland) Act 1993 (Qld) applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth), or any land or waters on which there is a homestead, house, shed or other building, or an airstrip, constructed dam or any other stock watering point, bore, turkey nest, water storage facility, or stock and trap yards.
Details of Judgement
Through mediation, agreement has been reached as to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Warrungnu People in relation to the land and waters covered by the Warrungnu People #2 Application. The signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth).
The court was satisfied that a determination of native title was within the power of the court.|